Former Trump White House trade adviser Peter Navarro has been denied a stay out of prison by Chief Justice John Roberts as he pursues an appeal of his conviction for contempt of Congress. Navarro was charged and found guilty for refusing to comply with a subpoena from the House select committee investigating the Jan. 6, 2021, attack on the Capitol. He was sentenced to four months in prison in January and has been ordered to turn himself in by Tuesday. Navarro believed he was bound by executive privilege, but the judge ruled that there was no evidence that the privilege was invoked.
A three-judge panel on the D.C. Circuit Court of Appeals rejected Navarro’s bid to delay his sentence, stating that he is unlikely to secure a new trial or reverse his conviction. Navarro’s lawyers argued to the Supreme Court for emergency relief, claiming he is not a flight risk or a threat to public safety, and should be allowed to remain free while pursuing his appeal. They argued that Navarro is the only former senior presidential advisor to be prosecuted for contempt of Congress following an assertion of executive privilege and that his prosecution violated the separation of powers doctrine.
The Justice Department opposed Navarro’s bid for release, arguing that he did not meet the standard for such relief. Roberts agreed with this assessment, stating that Navarro forfeited his arguments in the release proceeding and that his pending appeal on the merits is distinct. The Biden administration noted that many of the records sought by the Jan. 6 select committee were personal communications that could not implicate executive privilege, and Navarro is not contesting the finding that Trump did not assert the privilege. The Solicitor General argued that Navarro’s claim of duty-bound to claim executive privilege goes against the president’s authority in that process.
Navarro is not the first Trump administration official to be convicted of defying Jan. 6 Committee demands, but he will be the first to report to prison. Former White House chief strategist Steve Bannon was also found guilty of contempt of Congress and sentenced to four months in prison, but his prison term has been paused as he pursues an appeal. Navarro’s case highlights the legal battle between the executive branch and Congress over the limits of executive privilege and the separation of powers doctrine. The outcome of his appeal could have implications for future conflicts between the two branches of government.
